Sec. 152. Appointment of bankruptcy judges
- (a)
- (1) The United States court of appeals for the circuit shall appoint
bankruptcy judges for the judicial districts established in paragraph (2) in
such numbers as are established in such paragraph. Such appointments shall
be made after considering the recommendations of the Judicial Conference
submitted pursuant to subsection (b). Each bankruptcy judge shall be
appointed for a term of fourteen years, subject to the provisions of
subsection (e). However, upon the expiration of the term, a bankruptcy judge
may, with the approval of the judicial council of the circuit, continue to
perform the duties of the office until the earlier of the date which is 180
days after the expiration of the term or the date of the appointment of a
successor. Bankruptcy judges shall serve as judicial officers of the
United States district court established under Article III of the Constitution.
- (2) The bankruptcy judges appointed pursuant to this
section shall be appointed for the several judicial districts as follows:
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Districts Judges
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Alabama: Northern 5 Middle 2 Southern 2 Alaska 2 Arizona 7 Arkansas: Eastern
and Western 3 California: Northern 9 Eastern 6 Central 21 Southern 4
Colorado 5 Connecticut 3 Delaware 1 District of Columbia 1 Florida: Northern
1 Middle 8 Southern 5 Georgia: Northern 8 Middle 2 Southern 2 Middle and
Southern 1 Hawaii 1 Idaho 2 Illinois: Northern 10 Central 3 Southern 1
Indiana: Northern 3 Southern 4 Iowa: Northern 2 Southern 2 Kansas 4
Kentucky: Eastern 2 Western 3 Louisiana: Eastern 2 Middle 1 Western 3 Maine
2 Maryland 4 Massachusetts 5 Michigan: Eastern 4 Western 3 Minnesota 4
Mississippi: Northern 1 Southern 2 Missouri: Eastern 3 Western 3 Montana 1
Nebraska 2 Nevada 3 New Hampshire 1 New Jersey 8 New Mexico 2 New York:
Northern 2 Southern 9 Eastern 6 Western 3 North Carolina: Eastern 2 Middle 2
Western 2 North Dakota 1 Ohio: Northern 8 Southern 7 Oklahoma: Northern 2
Eastern 1 Western 3 Oregon 5 Pennsylvania: Eastern 5 Middle 2 Western 4
Puerto Rico 2 Rhode Island 1 South Carolina 2 South Dakota 2 Tennessee:
Eastern 3 Middle 3 Western 4 Texas: Northern 6 Eastern 2 Southern 6 Western
4 Utah 3 Vermont 1 Virginia: Eastern 5 Western 3 Washington: Eastern 2
Western 5 West Virginia: Northern 1 Southern 1 Wisconsin: Eastern 4 Western
2 Wyoming 1.
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- (3) Whenever a majority of the judges of any court of
appeals cannot agree upon the appointment of a bankruptcy judge, the chief
judge of such court shall make such appointment.
- (4) The judges of the district courts for the
territories shall serve as the bankruptcy judges for such courts. The United
States court of appeals for the circuit within which such a territorial
district court is located may appoint bankruptcy judges under this chapter
for such district if authorized to do so by the Congress of the United
States under this section.
- (b)
- (1) The Judicial Conference of the United States shall, from time to
time, and after considering the recommendations submitted by the Director of
the Administrative Office of the United States Courts after such Director
has consulted with the judicial council of the circuit involved, determine
the official duty stations of bankruptcy judges and places of holding court.
- (2) The Judicial Conference shall, from time to time,
submit recommendations to the Congress regarding the number of bankruptcy
judges needed and the districts in which such judges are needed.
- (3) Not later than December 31, 1994, and not later than
the end of each 2-year period thereafter, the Judicial Conference of the
United States shall conduct a comprehensive review of all judicial districts
to assess the continuing need for the bankruptcy judges authorized by this
section, and shall report to the Congress its findings and any
recommendations for the elimination of any authorized position which can be
eliminated when a vacancy exists by reason of resignation, retirement,
removal, or death.
- (c) Each bankruptcy judge may hold court at such places
within the judicial district, in addition to the official duty station of such
judge, as the business of the court may require.
- (d) With the approval of the Judicial Conference and of each
of the judicial councils involved, a bankruptcy judge may be designated to
serve in any district adjacent to or near the district for which such
bankruptcy judge was appointed.
- (e) A bankruptcy judge may be removed during the term for
which such bankruptcy judge is appointed, only for incompetence, misconduct,
neglect of duty, or physical or mental disability and only by the judicial
council of the circuit in which the judge's official duty station is located.
Removal may not occur unless a majority of all of the judges of such council
concur in the order of removal. Before any order of removal may be entered, a
full specification of charges shall be furnished to such bankruptcy judge who
shall be accorded an opportunity to be heard on such charges.
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